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Unchained
2024-06-25
The SEC Ends Its Ethereum 2.0 Investigation, but Staking Isn't in the Clear
Host
Laura Shin
Guests
Laura Brookover
Sam Enzer
1:08:43
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About the episode

Last week, Consensys revealed that the SEC had concluded an investigation into Ethereum 2.0, referring to when Ethereum transitioned from a proof-of-work consensus mechanism to a proof-of-stake one.
In this episode, Laura Brookover, senior counsel & head of litigation and investigations at Consensys, and Sam Enzer, partner at Cahill Gordon & Reindel, explore the implications of this decision on Etherā€™s status as a commodity versus a security, and why the SEC dropped the pursuit, including whether the shifting political winds played a role. For instance, how much of the decision was influenced by the ETH ETF approvals, Democrats crossing party lines to vote for FIT21 and the repeal of SAB 121, and/or SEC crypto enforcement chief David Hirschā€™s resignation?
In this discussion, they also explained why the closure doesnā€™t necessarily mean that staking, or restaking, is safe from the SEC. Plus, whatā€™s the impact of this closure on the other big crypto cases, such as Coinbase, Kraken, Uniswap, and Ripple?

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